What evidence do I need for the trial?

09-05-2019
/ Klaudia Zadworna

What evidence do I need for the trial?

In the article about the duration of a court case in Poland, we briefly mentioned that if you have sufficient evidence it is worthwhile to bring the case to court and make your claim. There is no doubt about this issue, it is always worth trying, and in particular it is worth trying with the help of our Law Firm.

 

Going back to determining what the sufficient and appropriate evidence is?

 

Of course, you need to know that each case is different, and depending on what you want to achieve in court, each piece of evidence may have a different meaning for your case. You should certainly remember that Polish law is definitely different from the law presented in movies, where the best New York lawyer Harvey Specter from the series “Suits” at the last moment, almost before the end of the trial, presents a crowned evidence, which gives him a spectacular victory. Such a situation in a Polish court for 100 cases, in 99 cases will not be able to take place. Surely the question that arises for you is, why? Why can’t they submit evidence at every stage of the proceedings that will allow me to win the case? The answer comes from the Polish Civil Code, which says that such evidence will be late, and late evidence will be ignored and not taken into account by the court.

 

However, you should remember, that such a form of proceedings in a polish court does not have to and definitely does not mean that you will not win the case. On the contrary, with our Law Firm and preparation for every case that our Law Firm applies, winning a case is really possible. So what is the key to success? Undoubtedly, a good analysis and preparation for the case. We always try to establish with each client the facts about every detail, because then we can determine what evidence is necessary for us to win the case in court.

 

To show you briefly what evidence might be useful, here are some examples of situations and evidence that may be of considerable importance to your case:

 

  1. Invoice, receipt – evidence, which in many cases is enough to win the case. If you have sold the goods, delivered them to the buyer and have an invoice confirmation – you have a good chance to upload the case quickly;
  2. Contract (preferably in writing) – this document will allow you to prove in the court what was your duty and what was the duty of the opponent. Along with the contract, it is worth submitting evidence that proves that you fulfilled your obligations, e.g. in the event that you were obliged to perform construction works, it will certainly be useful to make recordings or photos of the construction site that confirm that you performed it correctly, in accordance with the arrangements and construction design. On the basis of such evidence, you will be able to prove to the court that you have performed your contractual obligations correctly and therefore the court should issue a favourable judgment for you;
  3. Witnesses – very often during the proceedings it turns out that the other party questions your opinion. In order to convince the court that your statements are true, it is advisable to appoint witnesses. The court will hear them during the proceedings and in many cases it will find out which side of the case is right on the basis of witness statements;
  4. expert opinion – you should remember that the court does not have any specialist information, e.g. concerning the correctness of the work done on the construction site. In such a case, you should appoint evidence from the expert’s opinion.

 

This is just a few examples of what evidence you may need in court. In many cases, it happens that in order to win a case you have to submit not only documentary evidence, e.g. a contract, but also personal evidence, e.g. witness statements or expert opinion evidence. In addition, the court may also accept other evidence if it is relevant to the outcome of your case, e.g. in the case of a car accident, the evidence may be also a video recording showing the incident.

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